People v. Portolano

This is a motion by the defendant ‘1 for an order setting aside the indictment filed against the defendant herein on or about the 14th day of December, 1961, charging him with the crimes of violations of Section 690 and Section 242 of the Penal Law, and for an order granting the said defendant permission to inspect the Grand Jury minutes of the testimony upon which this indictment was predicated ”.

The indictment charges sodomy in the second degree and assault in the second degree. The contention of the defendant is that ‘ ‘ the only evidence of acts of sodomy by the defendant is the testimony…